Can I Register a De Facto Relationship in WA?

Why can I not register a de facto relationship in WA?

A de facto relationship cannot be registered in WA because Western Australian law does not create a relationship register of the kind that exists in several other states and the ACT. De facto relationships are still recognised in WA for many legal purposes, but there is no certificate a WA couple can obtain from a WA registry to show the Department. Our article on the de facto partner visa and the 12-month rule explains why registration matters for a partner visa.

Can WA couples register their relationship in another state?

WA couples can register their relationship in another state only if they meet that register's own eligibility rules, and registers generally require at least one partner to live in that state or territory. A WA couple who live in Perth or regional WA will usually not qualify. Registering somewhere the couple do not genuinely meet the rules creates a document that may be invalid and an application built on it that may fail.

What can WA couples do if they have not been together for 12 months?

WA couples who have not been together for 12 months can wait until the 12 months is complete, rely on compelling and compassionate circumstances where they genuinely exist, or marry and apply as spouses. A couple with an offshore partner who intend to marry can also consider the Subclass 300 prospective marriage visa. Our article on partner visa compelling reasons explains the kind of evidence the exception requires, and it is not a routine alternative to waiting.

Does the lack of a WA register make a partner visa harder?

The lack of a WA register does not make a partner visa harder for couples who have already been together for 12 months, because registration is only an exemption from the time requirement and is not proof that the relationship is genuine. WA couples prove their relationship with the same evidence as everyone else, across financial aspects, the nature of the household, social aspects and the nature of the commitment. Our guide to partner visa evidence of a genuine relationship covers each aspect.

Where does a partner visa refusal go for review in WA?

A partner visa refusal for a couple in WA is reviewed by the Administrative Review Tribunal, which has a registry in Perth, and the review application must be lodged within a strict time limit. Hearings may be held in person or by video. Our page on partner visa refusals explains how review works and what to prepare.

How does My Migration Lawyers help WA couples without a relationship register?

My Migration Lawyers helps WA couples by working out the earliest lawful lodgement date from the couple's real timeline, since registration is not available to shorten it. The firm assesses whether the 12 months is already met, whether an exception genuinely applies, or whether marriage or a Subclass 300 is the better route, and then prepares the evidence for that path. The firm acts for clients in WA by video and email from its Sydney office, and WA couples can learn more on our Perth partner visa lawyers page.